West Orange City Zoning Code
§ 25-40.5
Enforcement.
[Ord. No. 2357-12 § 25-40.5]
a.
Enforcement Officer. The Construction Official is hereby designated the Enforcement Officer under this section.
b.
Compliance. The Construction Official shall withhold issuing a Certificate of Occupancy for any project which is not in full compliance with this section as approved by the Township Engineer or his/her designated representative.
c.
Review. A determination to withhold the Certificate of Occupancy, under Subsection b above shall be made after a review of the plans and specifications on file with the Construction Official and an on-site inspection by the Construction Official or his/her designated representative.
d.
Within the Division of Inspections in the Department of Planning and Development, there is created the office of Zoning Officer. The Planning Director shall have the ability to appoint and/or designate the party who shall fill the office of Zoning Officer. The person filling the office of Zoning Officer may also perform other duties such as Construction Official within the Division of Inspections.
1.
Duties of the Zoning Officer.
(a)
It shall be the duty of the Zoning Officer to enforce the provisions of this chapter and Chapter 14, and in no case, except under a written order of the Board of Adjustment or the Township Council, as prescribed by Statute, shall any building permit be issued for the erection or structural alteration of any building or land where the proposed erection, structural alteration of any building or land or use thereof would be in violation of any provision of this chapter. Should the Zoning Officer be in doubt as to the meaning or intent of any provision of this chapter or as to the location of a district boundary line on the zoning map, and so as the propriety to issuing a building permit or Certificate of Occupancy or Use in a particular case, he/she shall appeal the matter to the Zoning Board of Adjustment.
(b)
It shall be the duty of the Zoning Officer to investigate any violation of this chapter or Chapter 14. Where any building or structure is erected, constructed or maintained or any building, structure or land is used in violation of any provision of this chapter or Chapter 14, the Zoning Officer may serve summonses immediately upon the property owner of record, tenant, occupant, management company, partnership, receiver, mortgagee, corporation, individual or persons and/or other person or entity involved in the conduct of the illegal use or activity.
(c)
It shall be the duty of the Zoning Officer to keep records of all applications for building permits and of all such permits issued with a notation of all special conditions involved. He/she shall file and safely keep copies of all plans and specifications submitted with such application, and the same shall form a part of the records of his/her office and shall be available to the Township Council and all other officials of the Township.
e.
Inspection of the Premises. The Zoning Officer or a duly authorized agent of the Division of Inspections shall at all reasonable times be permitted access to inspect any buildings, structures, lots or land, whether already erected or put into use or in the course of erection and putting into use for the purpose of determining whether or not provisions of this chapter are being complied with.
f.
Violation, Penalties and Injunctions. Refer also to the General Penalty for any violation of any provision of the Code. See Chapter 1, § 1-5.
1.
Any person, corporation or any owner of lands and structures who shall violate this section or who shall erect, structurally alter, enlarge, rebuild or move any structure or structures or who shall use any lot or land in a manner different than as set forth in any detailed statement submitted and approved under the terms of this section, or who shall refuse reasonable attempts to inspect any premises shall be deemed a disorderly person and shall, upon conviction, be liable to a fine not exceeding $1,000 or imprisonment for a period not exceeding 90 days, or both, and each day in which such violation continues shall constitute a separate violation or offense.
2.
Any architect, builder, contractor, agent or person who is employed in connection with, or assist in, the violation of any part of the selection shall be liable to the same penalties set forth in Subsection 1.
3.
In addition to the foregoing remedies, the Township Attorney may maintain an action in court of competent jurisdiction to enjoin, restrain, abate, correct and remove any violation of this section.
4.
Notwithstanding anything to the contrary herein, anyone who obtains title or held an ownership interest without first obtaining a Certificate of Continued Occupancy shall be fully responsible and liable under this chapter.
5.
To the extent that an owner fails to obtain a Certificate of Continued Occupancy and closes title, the owner shall remain liable for a separate violation on each day until a Certificate of Continued Occupancy is issued. This continuing violation for each and every day shall be consistent with § 25-59b.
6.
Any person who serves as an agent, employee or representative of the owner, including but not limited to any licensed real estate broker, may be found liable for a violation hereunder and punished to the full extent of the law.
